K SEETHARAMA DASS Vs. SIKILE MOSES

JUDGEMENT

(1.) The petitioner under extraordinary circumstances invoked the jurisdiction of this Court under Article 226 of the Constitution of India to grant somewhat peculiar relief by way of a Writ of Mandamus or any other appropriate writ to cause arrest of the first respondent herein and his production before the learned Senior Civil Judge, Narsapur, West Godavari District, in connection with E.P.No. 46/92 in O.S.No. 143/82. The petitioner prays for issuance of appropriate directions to the Superintendent of Police, West Godavari District at Eluru to arrest the first respondent and produce him before the said Court.

(2.) The petitioner obtained a money decree against the first respondent here in in O.S.No. 143/82 on the file of the learned Senior Civil Judge, Narsapur (for short 'the said Court') on 5-11-1992. Aggrieved by the said Judgment and decree, the first respondent preferred an appeal - A.S.No. 956/93 in this Court. This Court while admitting the appeal granted stay of the execution of the decree by order dated 19-4-1993, subject to the condition of the first respondent depositing half of the decretal amount and costs. The petitioner herein has been permitted to withdraw the said amount. The fact remains that the first respondent failed to comply with the conditional order and so far did not deposit the amount. There is no need to go into the details, except to notice the stratagies and modes adopted by the first respondent to stall the execution proceedings. The first respondent filed a transfer petition - Tr.C.M.P. No. 188/83 (sic. 93) alleging that all the Judicial Officers in the West Godavari District are prejudiced against him and, therefore, the Execution Petition should be transferred to another District. He obtained stay of all further proceedings in the Execution proceedings. The said transfer C.M.P., was ultimately dismissed by this Court on 21-2-1994. Thereafter, the first respondent filed an application for extension of time for depositing the amount in E.P.No. 46/92 and this petition was ultimately dismissed by a Division Bench of this Court on 13-7-1994. Since the first respondent failed to deposit the amount, the Court below directed his arrest and the first respondent promptly challenged the same in CR.P.No. 2248/94, which was dismissed by this Court on 20-7-1995. The first respondent is stated to have filed a Full Satisfaction Memo without the signature of the petitioner-D.Hr. and his Counsel, as if a cheque was issued by the first respondent and the petitioner-DHR had encashed the same. The trial Court refused to accept the Full Satisfaction Memo vide orders In E.A.No. 148/95 on 16-4-1996, against which the first respondent preferred CR.P.No. 3033/96 and the same has been dismissed by this Court on 13-8-1996. The first respondent preferred Special Leave Petition in the Apex Court and got the same dismissed as withdrawn by order dated , 22-11-1993.

(3.) It would be appropriate to recall the observations of this Court, whiledismissing the C.R.P.No. 3033/96 filed by the first respondent which would briefly indicate the defiance attitude exhibited by the first respondent. "The case has a chequered history. Learned Counsel for the respondent has filed a chart showing the list of cases filed by the petitioner. According to the list, against the judgment and decree in O.S.No. 143/82 dated 5-11-1992, the petitioner filed A.S.No. 356/93 in this Court and obtained stay of execution of the decree on condition of depositing half of the decretal amount. Against the said conditional order, he preferred S.L.P. before the Supreme Court which he withdrew. As he did not comply with the conditional order, stay got vacated and the Court below ordered Civil Arrest on 16-9-1993. The petitioner filed Transfer C.M.P.No. 188 of 1993 seeking transfer of E.P. from the West Godavari District alleging that all the Presiding Officers in West Godavari District are prejudiced- He has also obtained stay. The said transfer C.M.P. was dismissed on 24-2-1994. Against the order of arrest, the petitioner filed C.R.P. No. 2248/94 which was dismissed by this Court on 20-7-1995. Pending E.P., the petitioner filed E. A.No. 148/95, claiming that he paid Rs. 2 Lakhs towards full satisfaction of the decree and when the Court-below refused to grant stay of execution of the decree till the disposal of E.A. No. 148/95, the petitioner filed C.R.P.No. 4192/95 which was also dismissed on 8-2-1996. The Court below, was, however, directed to adjudicate on the question whether the petitioner paid Rs. 2 Lakhs towards full satisfaction of the decree. When the matter was posted before the Court below, the petitioner has not adduced any evidence. Along with the E.A., the petitioner has filed a certificate issued by the Manager, Vijaya Bank, Narsapur together with a voucher said to have been signed by the respondent-decreeholder regarding the alleged payment of Rs. 2,00,000/- by the petitioner. The Court below has disbelieved both the documents and held that there is no proof of payment of Rs. 2 Lakhs. It is purely a question of fact which cannot be interfered sitting in revision under Section 115 C.P.C. In the result the revision petition is dismissed. In view of the conduct of the petitioner in filing repeated frivolous proceedings, I deem it fit to impose exemplary costs of Rs. 1,000/- (Rupees one thousand only.)